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BEVILLE v. BURLINGTON NORTHERN R.R.

No. 91-1448.

960 F.2d 546 (1992)

Stella Catherine Beloate BEVILLE, Administratrix of the Estate of Robert Hawkins Beville, Deceased, for said Estate and the Wrongful Beneficiaries of Robert Hawkins Beville, Deceased, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 14, 1992.

Attorney(s) appearing for the Case

William C. Spencer, John G. Wheeler, Mitchell, McNutt, Threadgill, Smith & Sams, Tupelo, Miss., for defendant-appellant.

Richard T. Phillips, Smith, Phillips & Mitchell, Batesville, Miss., for plaintiff-appellee.

Before WISDOM, JONES, and SMITH, Circuit Judges.

WISDOM, Circuit Judge:

In this wrongful death suit, the appellant, Burlington Northern Railroad ("Burlington") contends that the district court erred by admitting the testimony of the plaintiff's expert economist and by denying Burlington's motions for directed verdict and judgment notwithstanding the verdict. Burlington also contends that the district court should have granted a new trial, or at least should have held an evidentiary hearing, based on allegations...

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